Standard Acc. Ins. v. Home Indemnity Co.

The plaintiff filed its complaint for declaratory relief in this court on September 4, 1946, and on September 6, 1946, filed its proposed “Interrogatories to Defendant” under Rule 33, R.C.P., 28 U.S.C.A. following section 723c.

The answer of the Home Indemnity Company of New York was filed on September 24, 1946; thus, the proposed interrogatories were filed prior to the filing of the answer by the defendant corporation. The defendant corporation objects to answering the interrogatories before answer has been served except by leave of court. The objection is good. Musher Foundation, Inc., v. Alba Trading Co., Inc., 1941, D.C.,S.D.N.Y., 42 F.Supp. 281 . Judge Rul-bert sustained a similar motion without prejudice to renew after issue joined. Stewart-Warner Corp. v. Staley, D.C., 2 F.R.D. 199 , Sheldon v. Great Lakes Transit Corp., D.C., 2 F.R.D. 272 . Judge Knight held in the Sheldon case that if interrogatories were served prior to answer, leave of court must be obtained. 2 Moore’s Federal Practice, 2621.

In the action pending in this court, sixty-six interrogatories were propounded, contained in eleven pages. A number of the interrogatories were answered when the answer was…